UPS Can't Dodge EEOC Challenge To Leave Of Absence Policy

Law360, New York (February 12, 2014, 6:35 PM EST) -- An Illinois federal judge on Tuesday refused to dismiss the U.S. Equal Employment Opportunity Commission's claim that United Parcel Service Inc.'s policy of firing employees after 12 months of leave amounts to an unlawful employment qualification under the Americans with Disabilities Act.

U.S. District Judge Sara L. Ellis denied UPS' motion to dismiss the claim from the EEOC's suit over the leave policy, rejecting the shipping giant's argument that the policy should be understood as referring to an essential job function and not an employment qualification....